§ 12:1-123 — Effective time and date of document

A. Except as provided in Subsections B and C of this Section and in R.S. 12:1-124(C), a document accepted for filing is effective at one of the following:
(1) The date and time of its receipt for filing, as evidenced by such means as the secretary of state may use for the purpose of recording the date and time of receipt.
(2) A later time, on the date of receipt, specified in the document as its effective time.
B. Except as provided in Subsection C of this Section, a corporation's original articles of incorporation become effective when signed as provided in R.S. 12:1-120 if all of the following conditions are met:
(1) The articles are received for filing by the secretary of state within five days, exclusive of legal holidays, after the date that the articles are signed.
(2) The articles are accepted for filing.
C. A document may specify a delayed effective time and date, and if it does so the document becomes effective at the time and date specified. If a delayed effective date but no time is specified, the document is effective at the close of business on that date. A delayed effective date for a document may not be earlier than the first date and time that the document otherwise would have become effective under this Section or later than the ninetieth day after the date the document is received for filing by the secretary of state.
D. A document is accepted for filing when the secretary of state files the document as provided in R.S. 12:1-125(B).

Legislative History

Acts 2014, No. 328, §1, eff. Jan. 1, 2015.